Opinion
December 29, 1993
Appeal from the Supreme Court, Jefferson County, Gilbert, J.
Present — Denman, P.J., Callahan, Pine, Doerr and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court abused its discretion by giving third-party plaintiffs until the "trial note of issue becomes final" to respond to third-party defendants' demand for disclosure of accident reports or be precluded from introducing the reports at trial. Third-party defendants are entitled to disclosure of accident reports prepared in the ordinary course of business (CPLR 3101 [g]), unless third-party plaintiffs demonstrate that the reports were prepared exclusively for purposes of litigation (see, Calkins v Perry, 168 A.D.2d 999; Harris v Processed Wood, 89 A.D.2d 220). We modify Supreme Court's order to provide that, within 30 days of service of a copy of the order of this Court with notice of entry, third-party plaintiffs must comply with the demand, move for a protective order, or be precluded from offering the reports or any evidence thereof upon the trial of this action.